6.2.2.40 Payability determination for primary & secondary claims for PLP made jointly - secondary claimant to get all the PLP

Introduction

Primary (1.1.P.240) and secondary (1.1.S.20) claims may be made at the same time where the primary claimant intends to transfer primary care of the child to the secondary claimant at the start of the PPL period so that the secondary claimant is going to receive all the PLP.

If the primary claimant intends to transfer all of the 18 weeks of PLP to the secondary claimant and the primary claimant is to receive no PLP, the primary claimant must still make a primary claim for PLP for the child.

If the primary claimant makes an effective primary claim for PLP for a child, and a secondary claimant makes an effective secondary claim for PLP for the child at the same time, and the primary claimant has requested in the claim that the full amount of PLP that is or may be payable for the child be paid to the secondary claimant, Centrelink must make a payability determination on the primary and secondary claim under PPLAct section 15.

Firstly, Centrelink must determine that PLP is not payable to the primary claimant. However, Centrelink must be satisfied of some particular aspects of the primary claimant's eligibility before Centrelink may determine that PLP is payable to the secondary claimant. Centrelink must be satisfied that the primary claimant:

satisfies the work test (1.1.W.30) and income test (1.1.I.20) on the day the determination is being made

satisfied the Australian residency test (1.1.A.110) on the day the child was born (or placed in the person's care as part of the process of adoption), and

was not subject to the NARWP on the day the child was born or adopted.

Secondly, Centrelink must determine that PLP is payable to the secondary claimant for the secondary claimant's PPL period if:

Centrelink is satisfied the secondary claimant is eligible for PLP on each day in the secondary claimant's PPL period, and

if the secondary claimant's PPL period starts after the day the child was born, in the period that starts on the day the child was born and ends on the day before the start of the secondary claimant's PPL period

Centrelink is satisfied the primary claimant was or will be eligible for PLP on each day in that period

the secondary claimant was or will be eligible for PLP on each day in that period, or

the primary claimant was or will be eligible on each day in the first part of that period and the secondary claimant was or will be eligible on each day in the second part of that period.

This provision ensures that first the primary claimant and then the secondary claimant is eligible on each day in the period that starts on the day the child is born or adopted and ends on the last day of the secondary claimant's PPL period. It allows for flexibility in the PPL period start date by enabling the start date to occur after the secondary claimant becomes the primary carer, e.g. because the secondary claimant takes paid leave between becoming the primary carer and the start of the secondary claimant's PPL period.

Note: From 1 January 2019, a NARWP applies to PLP. There are a range of exemptions from the effect of the NARWP for PLP and situations where the NARWP does not apply (2.2.4.30).

Note: There are some circumstances in which Centrelink is prevented from making a payability determination (6.2.2.70).

If Centrelink is not satisfied that the secondary claimant was or will be eligible for each day in the period described above, then Centrelink must determine that PLP is not payable to the secondary claimant.

If Centrelink is satisfied that the secondary claimant was or will be eligible for each day in the eligibility period described above, Centrelink must determine that PLP is payable to the secondary claimant.

If the secondary claimant is payable, the payability determination for the secondary claimant must specify that the secondary claimant's PPL period:

starts on the first day PLP is payable (the child's maximum PPL period start day) for the primary claimant, and

ends on

the child's maximum PPL period end day (the earlier of 125 days after the PPL period start date for the primary claimant and the day before the child's first birthday), if Centrelink is satisfied the secondary claimant was or will be eligible on each day in the child's maximum PPL period, or

if the secondary claimant was or will be eligible for a period that is shorter than the child's maximum PPL period end day, the last day in the child's maximum PPL period that Centrelink is satisfied the secondary claimant was or will be eligible.

Note: If a primary claimant intends to transfer all of the PLP to a secondary claimant, the secondary claimant's PPL period start day will be the child's maximum PPL period start day that applies to the primary claimant. The primary claimant will nominate a start day that is either the DOB or a later day, and the child's maximum PPL period start day will depend on the interaction of when an effective primary claim and secondary claim are lodged, when the birth verification was provided, and the primary claimant's nominated start day, as explained in 6.2.2.10.

Act reference:PPLAct section 11 The determination must specify the person's PPL period, section 15 Determination on primary and secondary claims made jointly-secondary claimant to get all the PLP, section 275 How this Act applies to an adopted child

PPL Rules Subdivision 2.3.1.4 When a person is exempt from newly arrived resident's waiting period

Policy reference: PPL Guide 2.2.10 Who Is a Primary Claimant for PLP?, 2.2.11 Who Is a Secondary Claimant for PLP?, 2.2.2 PPL Scheme Work Test for PLP, 2.2.3 PPL scheme income test for PLP, 2.2.4 PPL Scheme Australian Residency Test & Absences from Australia for PLP, 2.2.4.30 NARWP for PLP and DAPP, 6.2.2.10 Primary Claimant's PPL Period, 6.2.2.70 When a Payability Determination for PLP Cannot be Made